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THE CANADIAN LAWYER CODE OF PROFESSIONAL CONDUCT
Section 5 of 5
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THE CANADIAN LAWYER CODE OF PROFESSIONAL CONDUCT
Section 5 of 5

CHAPTER XX
NON-DISCRIMINATION
RULE
The lawyer shall respect the requirements of human rights and constitutional laws in force in Canada, and in its provinces and territories. Except where differential treatment is permitted by law, the lawyer shall not discriminate with respect to partnership or professional employment of other lawyers, articled students or any other person, or in professional dealings with other members of the profession or any other person on grounds including, but not limited to, an individual’s ancestry, colour, perceived race, nationality, national origin, ethnic background or origin, language, religion, creed or religious belief, religious association or activities, age, sex, gender, physical characteristics, pregnancy, sexual orientation, marital or family status, source of income, political belief, association or activity, or physical or mental disability.1

Commentary
Duty of Non-Discrimination
1. The lawyer has a duty to respect the dignity and worth of all persons and to treat persons equally, without discrimination. Discrimination is defined as any distinction that disproportionately and negatively impacts on an individual or group identifiable by the grounds listed in the Rule, in a way that it does not impact on others. This duty includes, but is not limited to:

(a) the requirement that the lawyer does not deny services or provide inferior services on the basis of the grounds noted in the Rule;2
(b) the requirement that the lawyer not discriminate against another lawyer in any professional dealings;
(c) the requirement that the lawyer act in accordance with the legal duty to accommodate and not engage in discriminatory employment practices; and
(d) the requirement that the lawyer prohibit partners, coworkers and employees and agents subject to the lawyer’s direction and control from engaging in discriminatory practices.3

Extent of Duty of Non-Discrimination
2. Failure by the lawyer to take reasonable steps to prevent or stop discrimination by the lawyer’s partner, co-worker or by any employee or agent also violates the duty of nondiscrimination.

Special Programs
3. Discrimination does not include special programs designed to relieve disadvantage for individuals or groups on the grounds noted in the Rule.4

Responsibility
4. Discriminatory attitudes on the part of partners, employees, agents or clients do not diminish the responsibility of the lawyer to refrain from discrimination in the provision of service or employment.

Discrimination in Employment
5. The Rule applies to discrimination by lawyers in any aspect of employment and working conditions, including recruitment, hiring, promotion, training, allocation of work, compensation, benefits, dismissal, lay-offs, discipline, performance appraisal, and hours of work.5 It applies to all discrimination with repercussions for employment and workplace conditions, including physical work sites, washrooms, conferences, business travel and social events. Examples of discrimination in employment include:

(a) setting unnecessary or unfair hiring criteria that tend to exclude applicants on prohibited grounds;
(b) asking questions during an employment or promotion interview that are not logically related to the essential requirements of the job;
(c) assigning work on the basis of factors or assumptions other than individual ability or denying work to lawyers on the basis of prohibited grounds;
(d) failing to provide appropriate maternity and parental leave thereby discriminating on the basis of sex or family status;
(e) failing to accommodate religious holidays or religious practices thereby discriminating on the basis of religion;
(f) requiring billable hour targets or workload expectations which effectively exclude those who have child care responsibilities and adversely affect such persons on the basis of family status or sex.

It is not considered discrimination when distinctions are made as a result of a reasonable and bona fide occupational qualification or requirement.6 For example, if an applicant for a position is not sufficiently proficient in the language(s) required for the competent performance of the essential duties and responsibilities required in that position, it would not constitute discrimination to deny the applicant employment solely on the ground of language. Where facility in a particular language is clearly an essential requirement for the position, the employer is not prevented from demanding the necessary proficiency.

Duty of Accommodation
6. One aspect of the duty of non-discrimination is the duty to accommodate the diverse needs of lawyers on the basis of grounds noted in the Rule. Such accommodation is required unless it would cause undue hardship to the lawyer. Examples of this type of accommodation include:

(a) the provision of flexible hours to accommodate family responsibilities or to accommodate transportation difficulties for persons with disabilities;
(b) the modification of the physical workplace to include wheelchair access, modified furniture and assistive devices;
(c) a benefits policy that includes same sex couples;
(d) adjusting the billable hour or workload expectations to accommodate family responsibilities;
(e) accommodation of religious holidays or religious practices.

Sexual Harassment and Harassment
7. Sexual harassment and harassment are forms of discrimination. Harassment includes any improper, abusive or unwelcome conduct that offends, embarrasses, humiliates, or degrades another person. The lawyer should in all areas of professional conduct refrain from engaging in vexatious comments or conduct that is known or reasonably ought to be known to constitute sexual harassment or harassment.7

(a) Sexual harassment includes the use of a position of power to import sexual requirements into the workplace thereby negatively altering the working conditions of employees. Types of behaviour that constitute sexual harassment include, but are not limited to:
(i) making sexist jokes causing embarrassment or offence, or that are by their nature clearly embarrassing or offensive;
(ii) leering;
(iii) displaying sexually offensive material;
(iv) using sexually degrading words to describe a person;

(v) making derogatory or degrading remarks directed towards members of one sex or one’s sexual orientation;
(vi) making sexually suggestive or obscene comments or gestures;
(vii) making unwelcome inquiries or comments about a person’s sex life;
(viii) making unwelcome sexual flirtations, advances, or propositions;
(ix) engaging in persistent unwanted contact or attention after the end of a consensual relationship;

(x) requests for sexual favours;
(xi) unwanted touching;
(xii) verbal abuse or threats; and
(xiii) sexual assault.
Sexual harassment can occur in the form of behaviour by a man towards a woman, between men, between women, or by a woman towards a man.8

(b) Harassment includes all conduct that erodes the dignity and equality of opportunity of the victim, particularly based on any of the grounds noted in the Rule. Types of behaviour that constitute harassment include, but are not limited to:

(i) unwelcome remarks, jokes, comments, slurs, innuendoes or taunting about a person’s body, attire, ancestry, colour, perceived race, nationality, national origin, ethnic background or origin, language, religion, creed or religious belief, religious association or activities, age, sex, gender, physical characteristics, pregnancy, sexual orientation, marital or family status, source of income, political belief, association or activity, physical or mental disability, or on other grounds;
(ii) displaying or distributing racist, pornographic and other offensive material, calendars, posters, cartoons or drawings;
(iii) practical jokes based on race, sex, or other prohibited grounds;
(iv) unwelcome invitations or requests, particularly based on intimidation;
(v) verbal abuse or threats;
(vi) inappropriate or offensive gestures;
(vii) physical assault;
(viii) name calling; and
(ix) condescension which undermines self-respect.

Discriminatory Activities
8. The lawyer must refrain from participating in discriminatory activities in his or her professional life.

Subscripts
1 ABA-MR 8.4; Alta. 1-R.8, C.8; B.C. 2(3); N.B. 21-R; N.S. R-24; Ont. 5.04(1).
2 N.S. C-24.1.
3 N.B. 21-C.1.
4 B.C. 2(6); N.B. 21-C.3(c); N.S. C-24.6.
5 Alta. 1-C.8; N.B. 21-C.2(a); N.S. C-24.2; Ont. 5.04(3).
6 N.B. 21-C.3(a)(i); N.S. C-24.4(a).
7 Alta. 1-R.9, C.9; B.C. 2(5); N.B. 22-C.1, C.2(a); Ont. 5.03(1); Que. 4.02.01(y).
8 N.B. 22-C.2(c); Ont. 5.03(1) Commentary.

CHAPTER XXI
THE LAWYER AS MEDIATOR
RULE
1. A lawyer who acts as a mediator shall, at the outset of the mediation, ensure that the parties to it understand fully that:
(a) the lawyer is not acting as a lawyer for either party but, as mediator, is acting to assist the parties to resolve the matters in issue, and
(b) although communications pertaining to and arising out of the mediation process may be covered by some other common law, civil law principles, statutory or other privilege or rule, they will not be covered by the solicitor-client privilege.1

2. A lawyer shall not act as a mediator if the lawyer or the lawyer’s firm has acted or is acting in a matter that may reasonably be expected to become an issue during the mediation, except with the informed consent of all parties.2

Commentary
1. Generally, lawyers who serve as mediators are governed by the provisions of this Code except to the extent that those provisions are varied by this Chapter.3

2. Generally, lawyers who serve as mediators should suggest and encourage the parties to seek the advice of separate counsel before and during the mediation process if they have not already done so. Where a lawyer who serves as a mediator prepares a draft contract for the consideration by the parties, the lawyer should advise and encourage them to seek separate independent legal representation concerning the draft.

Subscripts
1 ABA-MC EC 5-20; Alta. 6-C.1.2; N.B. 13-C.2; Ont. 4.0.7.
2 Ont. 4.07 Commentary.
3 Alta. 15-C.G.2; Ont. 4.07 Commentary.

CHAPTER XXII
INDEPENDENCE OF THE BAR
RULE
1. The lawyer must exercise independent professional judgment in providing legal advice, services and representation to a client.1

2. The lawyer must conduct himself or herself in a manner that respects, protects and advances the independence of the bar.

Commentary
1. Independence is one of the foundational values of the legal profession. A lawyer must exercise independent judgment and at all times act in the best interests of the client. Many of the professional duties set forth in other chapters of this Code may be seen as aspects of the independence of the bar, including the duty to discharge all duties owed to clients and others with integrity (Chapter I), the duty to be both honest and candid when advising clients (Chapter III), the duty to hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship (Chapter IV), the duty not to act or to continue to act in a matter when there is or is likely to be a conflicting interest (Chapter V), the duty not to act for a client where the lawyer’s duty to the client and the personal interests of the lawyer are in conflict (Chapter VI), and the duty to represent the client resolutely and fearlessly (Chapter IX).

2. In the legal profession the right of self-governance is at the heart of the independence of the bar. The importance of the legal profession remaining independent from government control was emphasized in a unanimous 1982 judgment of the Supreme Court of Canada:

The independence of the bar from the State in all its pervasive manifestations is one of the hallmarks of a free society. Consequently, regulation of these members of the law profession by the State must, so far as by human ingenuity it can be so designed, be free from State interference, in the political sense, with the delivery of services to the individual citizens in the State, particularly in fields of public and criminal law. The public interest in a free society knows no area more sensitive than the independence, impartiality and availability to the general public of the members of the bar and through those members, legal advice and services generally.2

3. Although, as suggested by the Supreme Court of Canada in the case quoted in paragraph 2 of this commentary, the independence of the bar may be of particular importance in the fields of public and criminal law, it is important in every area of practice that the client is confident that all advice and representation provided by the lawyer is not influenced by any government ties. The legal profession has a unique position in the community. Its distinguishing feature is that it alone among the professions is concerned with protecting the person, property, and rights of citizens from whatever quarter they may be threatened and pre-eminently against the threat of encroachment by the State. It is the responsibility of
lawyers to protect clients’ rights, and in order that they may continue to do so there can be no compromise in the principle of freedom of the profession from interference, let alone control, by government.

Subscripts
1 ABA-MC Canon 5, EC 5-1; Alta. 9-R.3; Que. 3.06.05.
2 Canada (Attorney General) v. Law Society (British Columbia), [1982] 2 S.C.R. 307.

APPENDIX - PRINCIPLES OF CIVILITY
FOR ADVOCATES
PREAMBLE
Civility amongst those entrusted with the administration of justice is central to its effectiveness and to the public’s confidence in that system. Civility ensures matters before the Court are resolved in an orderly way and helps preserve the role of Counsel in the justice system as an honourable one. Litigation, however, whether before a Court or tribunal is not a “tea party”. Counsel are bound to vigorously advance their client’s case, fairly and honourably. Accordingly, Counsel’s role is openly and necessarily partisan and nothing which follows is intended to undermine those principles. But Counsel can disagree, even vigorously, without being disagreeable.

Whether among Counsel or before the Courts, antagonistic or
acrimonious behaviour is not conducive to effective advocacy. Rather, civility is the hallmark of our best Counsel. Although couched in terms of proceedings before the Courts, the principles which follow are, with necessary adjustments, applicable to all forms of dispute resolution proceedings, including administrative bodies, arbitrators and mediators. These principles are not intended as a code of professional conduct subject to enforcement by discipline or other sanction but as an educational tool for the encouragement and maintenance of civility in our justice system.

PART I - RELATIONS WITH OPPOSING COUNSEL
General Guidelines for Relations with Opposing Counsel
1. Counsel should always be courteous and civil to Counsel engaged on the other side of the lawsuit or dispute. It is the responsibility of Counsel to require those under their supervision to conduct themselves with courtesy and civility as well.

2. Ill feelings that may exist between clients, particularly during litigation, should not influence Counsel in their conduct and demeanour toward opposing Counsel.

3. Counsel should always be honest and truthful with opposing Counsel.

4. Counsel should conduct themselves similarly towards lay persons lawfully representing themselves or others.

Cooperating with Opposing Counsel
5. Counsel should avoid unnecessary motion practice or other judicial intervention by negotiating and agreeing with opposing Counsel whenever practicable.

6. When Counsel is about to send written or electronic communication, or take a fresh step in a proceeding which may reasonably be unexpected, Counsel ought to provide opposing Counsel with some advance notice where to do so does not compromise a client’s interests.

Communications with Opposing Counsel
7. Counsel should respond promptly to correspondence and communications, including electronic communications, from opposing Counsel.

Promises, Agreements, Undertakings and Trust Conditions Given to Opposing Counsel
8. Counsel should fulfill or comply with all promises to, or agreements with, opposing Counsel, whether oral or in writing.

9. Counsel should not give any undertaking that, to Counsel’s knowledge or belief, cannot be fulfilled and should fulfill every undertaking given. Undertakings should be confirmed in writing and should be unambiguous in their terms. Undertakings should also be fulfilled as promptly as circumstances permit.

10. If Counsel giving an undertaking does not intend to accept personal responsibility, this should be stated clearly in the undertaking itself. In the absence of such a statement, the person to whom the undertaking is given is entitled to expect that Counsel will honour it personally.

Cooperating with Opposing Counsel on Scheduling Matters
11. Counsel should consult opposing Counsel regarding scheduling matters in a genuine effort to avoid conflicts.

12. In doing so, Counsel should attempt to accommodate the calendar conflicts of opposing Counsel previously scheduled in good faith for hearings, examinations, meetings, conferences, vacations, seminars or other functions.

13. Counsel should agree to reasonable requests for scheduling changes, such as extensions of time, provided the client’s legitimate interests will not be materially and adversely affected.

14. Counsel should not attach unfair or extraneous conditions to extensions of time. However, Counsel is entitled to impose conditions appropriate to preserve rights that an extension might otherwise jeopardize. Counsel may also request reciprocal scheduling concessions but should not unreasonably insist on them.

15. Counsel should promptly notify opposing Counsel when hearings, examinations, meetings or conferences are to be cancelled or postponed.

Agreement on Draft Orders
16. When a draft order is to be prepared to reflect a Court ruling, Counsel should draft an order that accurately and completely reflects the Court’s ruling. Counsel should promptly prepare and submit a proposed order to opposing Counsel and attempt to reconcile any differences before the draft order is presented to the Court.

Conduct Which Undermines Cooperation Among Counsel
17. Counsel should avoid sharp practice. Counsel should not take advantage of, or act without fair warning to opposing Counsel, upon slips, irregularities, mistakes or inadvertence.

18. Counsel should not falsely hold out the possibility of settlement as a means of adjourning a discovery or delaying a trial.

19. Subject to the Rules of Practice, Counsel should not cause any default or dismissal to be entered without first notifying opposing Counsel, assuming the identity of opposing Counsel is known.

20. Counsel should not record conversations with opposing Counsel without consent of all persons involved in the conversation.

Conduct at Examinations for Discovery
21. Counsel, during examination for discovery, should at all times conduct themselves as if a Judge were present. This includes avoiding inappropriate objections to questions, discourteous exchanges among Counsel and excessive
interruptions to the examination process.

22. Counsel should not ask repetitive or argumentative questions or engage in making excessive or inappropriate selfserving statements during examination for discovery.

23. The witness who is being examined should be treated with appropriate respect and should not be exposed to discourteous comments by opposing Counsel or their clients.

24. Counsel should instruct their witnesses as to the appropriate conduct on examination and the requirement for courtesy and civility to opposing Counsel and their clients.

25. Counsel should not engage in examinations for discovery that are not necessary to elicit facts or preserve testimony but rather have as their purpose the imposition of a financial burden on the opposite party.

Comments Made About Opposing Counsel
26. Counsel should avoid ill-considered or uninformed criticism of the competence, conduct, advice, appearance or charges of other Counsel. However, Counsel should be prepared, when requested, to advise and represent a client in a complaint involving other Counsel.

27. Counsel should not attribute bad motives or improper conduct to opposing Counsel, except when relevant to the issues of the case and well-founded. If such improper conduct amounts to a violation of applicable disciplinary rules, however, Counsel should report such conduct to the appropriate professional disciplinary authority.

28. Counsel should avoid disparaging personal remarks or acrimony toward opposing Counsel.

29. Counsel should not ascribe a position to opposing Counsel that he or she has not taken, or otherwise seek to create an unjustified inference based on opposing Counsel’s statements or conduct.

Accommodating Requests from Opposing Counsel
30. Counsel, and not the client, has the sole discretion to determine the accommodations to be granted to opposing Counsel in all matters not directly affecting the merits of the cause or prejudicing the client’s rights. This includes, but is not limited to, reasonable requests for extensions of time, adjournments, and admissions of facts. Counsel should not accede to the client’s demands that he or she act in a discourteous or uncooperative manner toward opposing Counsel.

31. Counsel should abstain from obstructing any examination or court process.
32. Subject to applicable practice rules, Counsel should give opposing Counsel, on reasonable request, an opportunity in advance to inspect all evidence or all non-impeaching evidence.

PART II - COMMUNICATIONS WITH OTHERS
Communications with Other Parties and Witnesses
33. Counsel should not communicate upon, attempt to negotiate or compromise a matter directly with any party who is represented by Counsel except through or with the consent of that Counsel.

34. Counsel may tell any witness that he or she does not have any duty to submit to an interview or to answer questions posed by opposing Counsel, unless required to do so by judicial or legal practice.

Communications with the Judiciary Outside of Court
35. As a general principle, unless specifically provided in the Rules of Practice, a Practice Direction or a Notice to the Profession, Counsel should not communicate directly with a Judge out of Court about a pending case, unless invited or instructed to do so by the Court.

36. Counsel should not contact a Judge in regard to administrative matters, unless otherwise invited or instructed by the Judge. Requests to schedule urgent matters should be made through the court office to the scheduling co-ordinator or an administrative Judge. Other matters such as management, scheduling etc. should be arranged through the

Judge’s secretary.
37. Prior to a hearing, when dealing with process and procedure, Counsel who wish to communicate with a Judge should do so through the Judge’s secretary and advise whether opposing Counsel has been notified and whether consent to the communication has been obtained. The Judge will then determine the appropriate manner of receiving the communication and advise Counsel.

38. Counsel should not contact a presiding Judge about the case during the course of a hearing unless invited to do so.

39. Unless invited or permitted by the judiciary, correspondence, e-mail or voicemail between Counsel should not be copied to the Court.

40. Telephone conferences that include a Judge are Court proceedings and, while less formal, are subject to the same principles of civility as any other Court proceeding.

PART III - TRIAL CONDUCT
Trial Preparation
41. Counsel should not attempt to handle a trial or matter that he or she is not by experience or training competent to do. Nor should Counsel attempt to handle a trial or matter without preparation appropriate to the circumstances.

42. Counsel should cooperate with other Counsel in the timely preparation of a trial brief of documents to facilitate the management of documentary evidence at trial by the Court, witnesses and Counsel.

43. Counsel should cooperate in the timely exchange with opposing Counsel of any required witness lists and witness ‘will-say’ statements.

44. If adjournment is sought, Counsel should provide as much notice as possible to the Court and other Counsel, together with the reason the adjournment is requested.

45. Counsel should avoid hostile and intemperate communication among Counsel at all times, particularly close to trial when stress levels are high. Such communication will only deteriorate further during the trial and adversely affect the administration of justice in the case.

During Trial
46. Counsel should introduce themselves to the court staff at the opening of trial, if not already known to them. The court staff should be treated with appropriate courtesy and respect at all times.

47. During trial, Counsel should not allude to any fact or matter which is not relevant or with respect to which no admissible evidence will be advanced.

48. Counsel should not engage in acrimonious exchanges with opposing Counsel or otherwise engage in undignified or discourteous conduct that is degrading to their profession and to the Court.

49. During trial, Counsel should not make any accusation of impropriety against opposing Counsel unless such accusation is well-founded and without first giving reasonable notice so that opposing Counsel has an adequate opportunity to respond.

50. Objections, requests and observations during trial should always be addressed to the Court, not to other Counsel.

51. Objections during trial are properly made as follows:
(1) Counsel rises and calmly states “Your Honour, I have an objection”;
(2) When Counsel rises to make an objection or to address the Judge, other Counsel should be seated until the Judge asks for a response. Under no circumstances should two or more Counsel be addressing the Court at the same time;
(3) The basis for the objection should be briefly and clearly stated. Following a clear statement of the objection, Counsel should present argument in support of it and then sit down;
(4) Counsel opposing the objection shall in turn, or as directed by the Judge, rise and clearly state their position. They will then make their argument, if any, in support and sit down; and
(5) Usually, Counsel who made the objection will then be given an opportunity to reply. The reply should address only those points raised by opposing Counsel and avoid repetitious re-argument of the issues.

52. When the Court has made a ruling on a matter, Counsel should in no way attempt to re-argue the point or attempt to circumvent the effect of the ruling by other means.

53. In the absence of a jury, a question to a witness by Counsel should not be interrupted before the question is completed for the purposes of objection or otherwise, unless the question is patently inappropriate.

54. Counsel should never attempt to get before the Court evidence which is improper. If Counsel intends to lead evidence about which there may be some question of admissibility, then Counsel should alert opposing Counsel and the Court of that intention.

55. When addressed by the Judge in the courtroom, Counsel should rise. When one Counsel is speaking the other(s) should sit down until called upon. Counsel should never remain with his or her back turned when the Judge is speaking.

56. Counsel cannot condone the use of perjured evidence and, if Counsel becomes aware of perjury at any time, they must immediately seek the client’s consent to bring it to the attention of the Court. Failing that, the Counsel must withdraw. Nothing is more antithetical to the role of Counsel than to advance the client’s case before the Court, directly or indirectly, on the basis of perjured evidence.

57. Counsel, or any member of their firm, should not give evidence relating to any contentious issue in a trial.

58. In trials where they are acting as Counsel, Counsel should not take part in any demonstrations or experiments in which their own person is involved except to illustrate what has already been admitted in evidence.

59. Counsel should be considerate of time constraints which they have agreed to or which have been imposed by the Court.

60. Counsel should not communicate with a Judge following a hearing and during deliberation unless specifically invited or directed to do so. A request for consideration of additional factual or legal material should be brought by motion on notice to opposing Counsel.

Any additional legal authority may occasionally be brought to the attention of the Judge and opposing Counsel at the same time but without further comment by Counsel. If there is a request to make further submissions, the Judge will determine whether further submissions are justified.

61. If you are successful in the case, shake the hand of your opponent if it is offered. Offer yours if it is not. If you lose the case, don’t whine. However painful, offer your hand to your successful opponent. If the case is reserved and you have lost, call your opponent with your compliments.

PART IV - COUNSEL’S RELATIONS WITH THE JUDICIARY
What Judges Can Expect from Counsel
62. Judges are entitled to expect Counsel will treat the Court with candour, fairness and courtesy.

63. Judges are entitled to expect that Counsel appearing are by training and experience competent to handle the matter before the Court.

64. Notwithstanding that the parties are engaged in an adversarial process, Judges are entitled to expect that Counsel will assist the Court in doing justice to the case.

65. Judges are entitled to expect Counsel to assist in maintaining the dignity and decorum of the court room and their profession and avoid disorder and disruption.

66. Judges are entitled to expect Counsel to be punctual, appropriately attired and adequately prepared in all matters before the Courts.

67. Judges may expect Counsel to properly instruct their clients as to behaviour in the court room, and any court related proceedings. Counsel are expected to take what steps are necessary to dissuade clients and witnesses from causing disorder or disruption in the court room.

68. Judges are entitled to expect that Counsel, in their public statements, will not engage in personal attacks on the judiciary or unfairly criticize judicial decisions.

What Counsel Are Entitled to Expect of the Judiciary
69. Counsel are entitled to expect Judges to treat everyone before the courts with appropriate courtesy.

70. Counsel are entitled to expect that Judges understand that while settlement is always desirable, there are some cases that require judicial resolution, and that in balancing interests, neither Counsel nor the parties should be unduly urged to settle in such cases.

71. Counsel are entitled to expect Judges to maintain firm control of Court proceedings and ensure that they are conducted in an orderly, efficient and civil manner by Counsel and others engaged in the process.

72. Counsel are entitled to expect that Judges will not engage in unjustified reprimands of Counsel, insulting and improper remarks about litigants and witnesses, statements evidencing pre-judgment and intemperate and impatient behaviour.

73. Counsel are entitled to expect Judges, to the extent consistent with the efficient conduct of litigation and other demands on the Court, to be considerate of the schedules of Counsel, parties and witnesses when scheduling hearings, meetings or conferences.

74. Counsel are entitled to expect Judges to be punctual in convening all trials, hearings, meetings and conferences. If Judges are delayed, they should notify Counsel when possible.

75. Counsel are entitled to expect Judges to endeavour to perform all judicial duties, including the delivery of reserved judgments, with reasonable promptness.

76. Counsel are entitled to expect Judges to use their best efforts to ensure that court personnel under their direction act civilly towards Counsel, parties and witnesses.

Reference: The Canadian Bar Association
www.cba.ca
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